The debate regarding the regulation of mobility apps in Colombia is not new; Promises of a bill setting the rules and remaining in discussions between ICT and the Ministry of Transport and on some tables are now joining the call with the High Court of Justice. It draws attention to the need for clear rules for users, companies, competitors and the country.
The Supreme Court ultimately did not accept the taxi drivers’ arguments and upheld the Bogota Court’s leading decision. For Uber to continue operating in the country Because taxi drivers prematurely filed an unfair competition lawsuit against the platform.
At the time, this decision required the immediate halt of the Uber app’s operations in Colombia.
In response, Uber said the Supreme Court emphasized in the decision:
Advances in information and communication technologies,
Classified as an unfair way to manipulate customers, Because I ignore a right
person recognized by more than one international document: enjoy
technological advances and the advancement of science.”
Additionally, the company pointed out that their commitment to the country is to transform the mobility of Colombians.
The court added: “Collaborative economies have profoundly changed economic competition because they are not just new actors competing using disruptive techniques. There is competition from traditional companies, but there is also competition between platforms that use other business models.
We should add to this point that judges should examine whether the regulations in force in the country prevent people in Colombia from benefiting from ICT.
According to José Daniel López, director general of the app association Alianza In, the decision sets a very important precedent for the sector, for the freedom of choice of citizens acting through these ‘apps’, and for the more than 100,000 families who earn income from this side.
“The court sets a precedent for an organization not to do again what the last government did, which decided to block and drop Uber from Colombia, but the decision also says that the applicants are not transportation providers, but they represent Uber, which is a collaborative economy and This shows that they merely act as intermediaries between people who request mobility services and those who provide these services themselves.“López explained.
According to the Executive, this points to a case law that the Government should carefully consider in order to avoid errors in interpreting the role of digital mobility platforms.
At the beginning of the year, the Government stated that it would bring all actors together at technical tables to support a bill that would regulate the operation of mobility apps and level the playing field between apps and taxi drivers, but this has not yet happened. It is a certain progress on the subject.
According to a 2021 study by Fedesarrollo, its activity is estimated to represent close to 0.2 percent of GDP. The research showed that digital messaging, home and mobility platforms create income opportunities for approximately 150,000 people, accounting for 0.7 percent of the working population in the country. There will be 10,000 people in mobility alone.
Former congressman Mauricio Toro announced that attempts are being made to resolve all projects that have been postponed more than three times, for example transportation applications.
“Regulations must remain within the framework of projects and ideas currently submitted to Congress, whether in the past or similar to mine, which requires four important points: one of leveling the playing field between taxi drivers and chauffeurs; one of special supervision to prevent abuses by Parties; the defense of the freedom of citizens; the same licenses, same policies and insurance; sales taxes like any company; plus dynamic rates and benefits available for both parties This needs to happen because This is a story that remains unsolved after more than 12 years and that other countries in the region, even other countries in the region, have already solved. “They call on us to raise awareness and prevent this from continuing like this,” he said.
Source: Exame
